Tenth Circuit Finds Constitutional Right to Record Police

On July 11, the Tenth Circuit Court of Appeals held there is a clearly established First Amendment right to record law enforcement officers performing their official duties. In Irizarry v. Yehia, the court explained: “Although neither the Supreme Court nor the Tenth Circuit has recognized a First Amendment right to record the police performing their duties in public, we hold that the right was clearly established here based on the persuasive authority from six other circuits, which places the constitutional question ‘beyond debate.’” The Alliance will continue to advocate for robust protections for the right to record law enforcement.

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